We have been hearing a lot about the recent development from so called experts about the recent budget intervention and how the Nepal government is willing to take step in Regulating the Online News website or online media. People are pretty much confused about the whole topic and the difference of Online media and new websites. So let me tell you that there is a huge difference in saying regulating online media and News website. When you write online media there is a sense of everything that uses internet or electronic medium to communicate among the networks where as when you say news websites then there is a limitation of a particular group in terms of their work nature and responsibilities.
I think regulating online media give a wrong sense of curbing the Freedom of Expression (FoE) and Freedom of Speech (FoS) in terms of expressing yourself in any platform which can be further be criminalized under the possibilities of intervention by the Government in facilitating the law. Both FoE and FoS are basic Human Rights under UN charters accepted and accredited by most of the countries in the world.
Apart from that regulating the news website can be effective means of making the online news website more credible and accountable but how and what is a question of discussion.
Now the question is who is going to do it I mean to say the government or the Associations like Federation of Nepalese Journalist (FNJ) or the Press Council Nepal (PCN). As we all know FNJ has adopted a politically image to its practice and intervention so its limited among its members and politics where as PCN is yet another part of government's organization that is solely credible and responsible towards the government. Now the question come both the organizations have their vested interested so how can both these organization facilitate in providing any sort of doctrine or remedy towards the stakeholders.
I think I see no possibility in giving any of these organization any sort of power or regulation.
If you look at past practice then big News organization like Kantipur Publication have been completely adamant about the media policy which prohibits running 3 medias by the same organization but its working properly. Apart from that past practice shows even big publication are falling behind in terms of news credibility.
In Nepal the online media are hugely threatened by two of the major laws:
Constitution of Nepal 2015 Article 19 section 2 states, " If there is any broadcasting, publishing or printing, or dissemination of news, article, editorial, feature, or other material through the medium of electronic equipment or the use of visuals or audio-visuals, no radio, television, online publication or any kind of digital or electronic equipment, or press, or other kind of media outlet, shall be closed, seized, or their registration cancelled for publishing, or transmitting, or broadcasting such material."
Similarly Article 47 of the Electronic Tranaction Act 2008 section (1) States, If any person publishes or displays any material in the electronic media including computer, internet which are prohibited to publish or display by the prevailing law or which may be contrary to the public morality or decent behavior or any types of materials which may spread hate or jealousy against anyone or which may jeopardize the harmonious relations subsisting among the people of various castes, tribes and communities shall be liable to the punishment with the fine not exceeding One Hundred Thousand Rupees or with the imprisonment not exceeding five years or with both.
Using any one of these laws anyone or anything shared or commented on any social media or any other online platform can be criminalized in terms of their expression or comments or motive . The question her is not about can it be done or not, as from the past practice it shows it can be done at any point of time. The question here is, is it right or wrong?
If this is the case then there is no sense of FoE in terms of what you can expressed and just by expressing something on your social media or blog its not right to be jailed.
If so then why ?
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